Broadcasting Establishments before broadcasting in Television Programs

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Notification on the necessary procedures and principles that shall be implemented by Broadcasting Establishments before broadcasting in Television Programs

Official Gazette:

September, 16,1997 – Issue: 23112

Related with the works which haven't been taken under the authority of the Law of Cinema, Video and Music Works of Art No. 3527 and the same works that have been taken under the authority of Law of Intellectual Works and for the owners of the rights, of the domestic works that are presented and foreign works that are presented, by importing them, on the Official and Private Television channels, to be protected and for the methods to be made clear, the realization of the applications stated below, shall be deemed as necessary.

For this reason, in accordance with the methods related with the works that are protected by articles 13,24,25,41,43,44,80 and 84 of Law of Intellectual Works and Works of Art No. 5846; the Television companies (Satellite, Cable Broadcast etc.) shall be obliged to have the "Certificate of Television Performance" for determining the ownership of the rights before broadcasting.

The news and advertisements prepared by the television companies, the productions prepared by public institutions and foundations, aiming to educate and inform the public and provided that it is related with announcing the activities in certain matters, the sports contests lively broadcast by the Television Spots of Pious Foundations or Associations and the cabled broadcasts of televisions whose centers are outside the country; shall not be considered within this context.

As per article 5 of the Law No. 3527, every work being a subject to production and importation shall be controlled, recorded and registered by the Ministry before its collective distribution and presentation and bands of the Ministry shall be stamped on each copy of the work that is registered.

Since the authority of controlling the broadcasts in content is granted to the Supreme Turkish Radio and Television Company, without need of controlling the works to be presented on televisions and taking their declarations into consideration, the Establishments of Televisions as the importers shall take the Certificate of Television Performance, for each of the works, indicating the parts of the serially broadcast programs whose rights have been acquired, by preparing a written undertaking on copyrights, to be paid to the owners of the rights and related vocation unions of the works to be used in the live broadcast music programs. While taking this document, for each of the works, the document cost determined by the Ministry shall be on the account of the General Directorate of Copyrights and Cinema of the Ministry of Culture and Certificate of Television Performance shall be prepared, as in annex, and it shall be affirmed by the Ministry of Culture. The procedures related with the certificate of performance of the mentioned works shall be made, by the General Directorate of Copyrights and Cinema in Ankara, by the Directorate of Copyrights and Cinema in Istanbul.

The Establishment shall not be obliged to have the certificate of copying related with the works belonging to them and whose Enterprise Certificates have been taken before. However, this certificate shall be taken by the establishments in case the performance certificates have been transferred to them. The establishments shall be entitled to process the works in the country by presenting the certificate of performance, taken for the works imported from abroad, to directorates of customs.

The broadcasting establishments shall present the copies of their certificates of performance with the copies of their registers of antenna exit in accordance with the Law of Supreme Radio and Television Company No. 3984.

They shall also be obliged to present; the copies of the certificate of foreign works whose all rights have been transferred to the third person or to the establishments and the contract proving their rights of television performance or the invoice proving all the possessions of the company related with the works and shall also present the documents stated below.

The owner of the rights of performance or the person they authorized and the establishments shall apply for having the Certificate of Television Performance.

The criminal provisions of the Law No. 5846 shall be applied for the establishments performing without the certificate.

This notification shall come into force on the 30th day of its publication.

REQUESTED DOCUMENTS:

1-   In order to get TV Display Certificate for domestic Works;

a)  Petition

b)  Display certificate (2 samples)

c)  Contract and/or invoice (in case the TV establishment is not the producer itself)

d)  Sample of Producer Certificate

e)  Work Enterprise Certificate (if arranged before)

2-   In order to get TV Display Certificate for Foreign Works;

a)  Petition

b)  Display certificate (3 samples)

c)  Contract (the original and its translation into Turkish)

d)  Sample of producer certificate

e)  Declaration

f) Work Enterprise Certificate (if arranged before)

Signature circular or power of attorney in every requests for Display Certificate.